Bullock

The appellant was convicted upon an information based upon section 506 of the Penal Code, and appeals from the judgment based thereon, and also from the order of the court denying his motion for a new trial.

The information upon which the defendant was arraigned contained three counts. A verdict of not guilty was rendered upon counts I and II, and a verdict of guilty upon count III, which reads as follows:

The record shows that on or about the eighth day of September, 1927, the appellant entered into a building agreement with one Alice E. Myers for the rebuilding and remodeling of a small dwelling-house in the town of Corning, county of Tehama; that for and in consideration of the sum of $2,500 to be paid therefor, the appellant agreed to furnish all the material and supply all the work and labor to be performed thereon, at his own proper cost and expense. The contract provided for progressive payments.

Upon this appeal it is urged that every legal question involved herein was passed upon and decided in favor of the appellant in the case of People v. Holder, 53 Cal. App. 45 [ 199 Pac. 832 ].

The testimony set forth in the transcript hears out this contention, and shows that…